...Legal Protection Provided against Disability Discrimination — Evaluation of the Appropriateness of the Disability Anti-discrimination Laws Name Institution Date Introduction The evolution of the world has been accompanied by a number of social developments. Some of these social developments have included equality policies, and as far as disability is concerned, this has been one of the critical areas of concern[1]. The concern has been extended in a number of areas, especially jurisprudence. The rationale is that people with disabilities have often been condemned to contend with discrimination, a social injustice. On the other hand, jurisprudence is as an avenue of guaranteeing justice for all. Various legal steps have been developed, including the formulation of laws. This paper seeks to examine the outright nature of these steps in taming disability discrimination. Disability anti-discrimination laws Central to the disability anti-discrimination legal steps are the legal stipulations underlying the Universal Declaration of Human Rights and bill of rights, which have often served as a framework for inequality policies. In particular, the universal Declaration of Human Rights is considered as a common standard for achieving social justice for all people across the world. What is well noticeable from all the articles in the Universal Declaration of Human Rights is the emphasis for treating every person...
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...Legal, Safety, and Regulatory Requirements Paper Leah Smith HCS/341 March 21, 2011 Norman Greene Legal, Safety, and Regulatory Requirements Paper The human resources department in every organization is responsible for ensuring that the organization follows all legal, safety, and regulatory requirements when dealing with the employees of the organization as well as with the clientele that the organization serves. Throughout the HR processes a main priority is the examination of the employment laws and the effects of how they are used. Divisions that house the employment laws such as the US Department of Labor (USDOL), the Equal Employment Opportunity Commission (EEOC), Department of Homeland Security (DHS), etc. are important divisions that all HR departments must maintain up-to-date information from to ensure that the processes are staying in line with the regulatory requirements such as the Americans for Disability Act of 1990 (ADA). All of these laws, acts, divisions, regulations, and requirements are what led to litigation between employees, clients served, and the organization. These types of litigations bring to mind whether or not common sense and compassion in the workplace has been reduced by this type of litigation. Effects of Legal, Safety, and Regulatory Requirements on HR Processes Laws, acts, and regulations have been placed for organizations to follow throughout history. These laws, referred to as HR laws are the main reason that...
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...whether the rule of law is followed within this company because it is not directly enforceable under any laws relating to disability work placement, and there are no active checks on the company. Justice is achieved for people with disabilities in finding and maintaining work through its many partnerships with business, providing options and pathways, and flexibility with work type and hours. This is an effective company in delivering just outcomes for people with disabilities finding work placement. However, it does not make sure the person maintains the work placement. The ‘Disability Services (Increased Opportunities) Amendment 2018 is a legal solution targeting lack of enforceability of current legislation and organisations through amending the ‘Disability Services Act 1986’. The amendment...
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...Legal, Safety, and Regulatory Requirements Joshua A. Barron HCS/341 November 11, 2011 Lee Hoffman Legal, Safety, and Regulatory Requirements: Introduction and The Human Resource Process The Oxford English Dictionary defines Humane as being characterized by sympathy with and consideration for others; feeling or showing compassion towards humans or animals; benevolent, kind (2011). The safety, legal, and regulatory influence on the human resource department differs by organization and different types of employees. HRM is the most important department an organization can possess because the department involves employing, developing, utilizing, managing and understanding the staff in an organization. According to Gomez-Mejia, Balkin, and Cardy (2010) legal concerns can play an important role in staffing, particularly in selection. Many legal constraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission, and the Americans with Disabilities Act of 1990 affects the HRM process. This paper will discuss the effects of legal, safety, and regulatory requirements have on the HRM process. Safety Requirements According to the Bureau of Labor, statistics indicate that more than 4.1 million people were hurt or injured on-the-job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010, p. 511). Organizations that succeed...
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...MEDIA REPORT ANALYSIS [1702 words] 1. Identify areas of law addressed in the chosen media report, and explain how they are relevant to the matters outlined in the report. This chosen article reports on the prosecution of the directors of a medical practice company called Medical Centre 2000 at Liverpool in Sydney for discriminating against a visually-impaired employee and underpaying her more than $20,000 for about 3 years. Civil Law Civil law can be illustrated in this case when workplace law and disability discrimination have been breached and the victim will be provided with legal remedies by the offenders. In the media report, it have been mentioned that doctors face criminal penalties for underpaying the disabled worker. As a result of this offence, they had to rectify the underpayment of the receptionist after legal proceeding was carried out. She also claimed monetary damages in cash as compensation for her loss and harassment. Corporations Law Medical Centre 2000 is a corporation which its business foundation is established, organised and administered regarding corporations law. It was discovered that the company and operators were breaching disability discrimination under the Fair Work Act. When the company received a disability worker subsidy, they were supposed to pay the blind receptionist a rate of $10-$17 per hour instead of paying less than $8 per hour. With that, they have breached their duties and have failure acting in good faith. In order to...
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...Legal, Safety, and Regulatory Requirements Valencia Simpson HCS 341- Human Resources Management March 24, 2014 Author Note This paper was prepared for Human Resources Management- HCS341, taught by Alejandra Sipion. Safety, legal, and regulatory requirements in any organization is the most important law because the department involves developing, employing, utilizing, managing and understanding the staff in an organization. According to Gomez, Mejia, Balkin, and Cardy (2010) legal concerns can play an important role in staffing, particularly in selection. Many legal restraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission affects the Human Resource Management process. This paper will discuss the effects of legal, safety, and regulatory requirements have on the Human Resource Management process. Laws and regulatory requirements are currently in place for state and federal divisions to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents keeping employees safe, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures for employees who go out under worker’s compensation. (Gomez-Mejia, et al, 2010, p. 511). The Human Resource Management department must take into consideration when hiring new employees the many legal requirements that are set in place by the United States government , state, and federal...
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...COURSE SYLLABUS BUSINESS FINANCE 3500 - LEGAL ENVIRONMENT OF BUSINESS Instructor: Joseph R. Irvine CPA, M.S., J.D. The Ohio State University 240 Fisher Hall Phone: 688-5699 e mail - Irvine.17@osu.edu Course Description: An introduction to American legal institutions and sources of law and an analysis of basic concepts of public and private law related to business decisions. 1.5 credit hrs. Meeting Time and Location: MWF 10:20-11:45, Room 320 Schoenbaum Hall. Course Objectives: The primary objectives of this course are to provide students with: a) an understanding of the legal framework within which American business operates, b) an introduction to basic concepts of public and private law relevant to business decisions, and c) experience in legal analysis. This course will involve discussion, questions and answers on the materials, and case study. Class participation will be expected. Students will be expected to discuss the cases and problems in each chapter covered and turn in answers to the chapter problems. Unannounced quizzes may be given and case briefs may be required. Primary Text: Fundamentals of Business Law, Summarized Cases, 8th Edition Roger LeRoy Miller and Gaylord A. Jentz, Published by South-Western Cengage Learning Softbound...
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...Legal, Safety, and Regulatory Requirements Celletta Tate HCS/341 Human Resources in Health Care 2/11/13 Gina Drake The safety, legal, and regulatory is the most important law an organization because the department involves employing, developing, utilizing, managing and understanding the staff in an organization. Legal concerns can play an important role in staffing, particularly in selection (Gomez-Mejia, Balkin, and Cardy, 2010). Many legal restraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission affects the human resource process. Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations that have a wide range safety programs have resulted in a decrease of accidents, reduced workers’ compensation claims and lawsuits and less accident-related expenditures (Gomez-Mejia, Balkin, and Cardy, 2010). Many experts and managers in the human resource department have executed strategies to act in accordance with federal regulations to efficiently supervise employee health and safety in the workplace. An organization has the responsibility as authorized by all levels of government to offer all employees the assurance of a working environment free from health hazards. According to Gomez-Mejia, Balkin, and Cardy (2010), the two most basic workplace regulations that affect employees are workers’ compensation laws at the state level and the Occupational...
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...is fair, affordable and accessible. However, for many citizens, the legal system is failing on all fronts. Key issues faced by the justice system include equity under the rule of law, barriers to equal justice, eligibility for the poor or disadvantaged and financial burden placed on those seeking a just outcome through the Australian justice system. Each of these issues hinder individuals seeking justice. By understanding these issues and addressing them from a proper standpoint, improvements can be made and solutions can be found. It is a core principle of the rule of law that justice must be equally accessible by all Australians (Ellis 2013). The term ‘access to justice’...
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...Legal, Safety, and Regulatory Requirements Human Resource (HR) managers have a daunting responsibility in the workplace He or she must maintain a balance between a company’s agenda and employee rights, which is not always easy. It is essential that an HR manager is aware of the numerous laws and regulations in place, such as employment laws regulated by the Equal Employment Opportunity Commission (EEOC) which include discrimination of any kind, as well as safety regulations, privacy issues, and overall fair treatment of all workers. It would be nice to say that common sense and compassion rule the day in the health care industry, but it has been the author’s experience that is not always the case. For instance, the use of personal protective equipment (PPE) is essential in some circumstances, but invariably there will be someone who will have to be told to use PPE, such as goggles or gloves, in a dangerous situation. Common sense would dictate an automatic response toward protection, however certain individuals need guidance. Compassion in the workplace seems to be reserved for the consumer and not the worker, otherwise there would be no such thing as harassment laws. Common Sense and Compassion have been replaced by Litigation There may have been a time when this statement was not true, but unfortunately that time has passed. When a look is taken at all the regulatory boards and government agencies, involved in employee issues, it is clearly a “sign of the times” we live...
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...Brenau HR Consultation Professionals. Any opinions, findings, conclusions, or recommendations are those of the authors and do not reflect the views of Brenau HR Consultation Professionals, its employees or its administration. TABLE OF CONTENTS I. Introduction 4 A. BHRCP – Disclaimer 2 B. BHRCP – About US 4 C. Purpose 4 D. Engineer Job Responsibilities 5 II. Circumstantial 5 A. Engineer’s Specific Occupation 5 B. Engineer’s Health Issues 6 III. ABC’s Dilemma 6 IV. Employment Regulations 7 A. Laws to Consider 7 B. American Disabilities Act (ADA) 10 C. Burden of Proof 11 V. Recommendations 12 VII. Conclusion 13 VIII. References & Acknowledgements 14 INTRODUCTION BHRCP - ABOUT US Brenau Human Resource Consultation Professional (BHRCP), is a full service human resources management consulting and professional services firm headquartered in Atlanta, Georgia. Our work is grounded in innovation, thought leadership, and performance excellence as we work in collaboration with clients to recruit, develop professionally, and retain employees. Our mission is to help ensure that each client’s workplace transforms from experiencing “good results” to achieving “great results.” Committed to an approach...
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...known that they have a degenerative progressive condition. A degenerative progressive condition or disorder is characterized by the loss of physical and mental abilities (Cavanagh, 1983). This paper will cover the ethical, legal, and business considerations of this scenario in addition to the decision with rationale regarding the mid-level management position. Question 1: Identify and explain at least three ethical considerations. Health Services professionals function in many ways and carry out a variety of roles that include professional-client relationships. In these professional-client relationships ethical guidelines are created to set a standard of conduct by which an organization is governed. It’s a check between the right and the wrong of an action. The first ethical consideration encountered is whether or not to extend an employment offer to a candidate with a degenerative progressive condition. The candidate’s physicians are unable to predict whether this condition will interfere with this candidate’s abilities in the near future or later in life. So the question becomes should we hire someone “who may or may not” be able to perform their duties? The second ethical consideration is allowing the uncertainty of the disability to affect the decision to extend an employment offer to this individual. One of the goals of an organization is to obtain competent and reliable staff, but is it morally acceptable to disregard an individual who may be able to...
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...Human Resources/Legal Environment MGMT 634 June 30, 2013 Abstract In every company, the ramifications of conducting unethical workplace standards according the “Equal Employment Opportunity” (EEO) whether there exist a human resource department (HR) or not, there exist a legal environment given people are interacting with one another within the workplace. The majority of companies in existence desire that everyone (employees and non-employees) will work together as a team, providing efficient and productive work ethics that will lead to future profit, lesser loss runs (accidents), and generate a safe workplace environment. Nonetheless, conflict develop between personalities, especially when inappropriate behaviors reminiscent of sexual harassment, gender, sex, and color discrimination develops and/or is present in the workplace. Human Resources personnel have a huge responsibility to address the legal issues as soon as they occur. HR should eliminate any type or forms of discrimination as they are damaging, demeaning and have led to many consequences such as legal lawsuits. Legal lawsuits surrounding an employers failure to provide an “Equal Employment Opportunity ” workplace environment has led to devastating financial losses for companies who refuse to adhere or address their pre-existing legal environment that exist in every company. Human Resources and the Legal Environment The Human Resource Department (HR) within the organization where I serve as...
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...try to demonstrate that they were unaware of his condition or sexual preferences as he did not inform them. However, one of his partners had worked with a woman who had contracted AIDS via a blood transfusion and was familiar with the lesions. Rules of Law raised in film (if none, state none): Issues at hand are discrimination and wrongful firing due to a disability. Andrew, being a homosexual with aids, was discriminated upon. He was wrongfully let go and informed that it was due to his inability to perform at the level he was expected and had performed in the past. The Americans with Disabilities Act clearly prohibits discrimination based on a disability. Any impairment, physical or mental, that significantly limits major life activity is considered to be a disability. Andrew was able to perform his job without too much difficulty, so the fact that they were trying to fire on the grounds that he was sloppy with his work and the quality diminished was just a pretext for getting rid of him. It builds on the Civil Rights Act, which also relates to the film because of Andrew being a homosexual. This outlaws discrimination against racial, ethnic, national and religious minorities. The implementation of the subsequent laws, such as the Equal Employment Opportunity Commission, prohibits discrimination when hiring and firing employees. What other themes or issues does the film raise about...
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...Literature Review of the Legal Aspects of Performance Management Ben France The importance of understanding the legal issues involved in performance management and the performance appraisal process have grown in the past few years as a result of the globalization of the world’s economy, and as a result of companies and organizations trying to become more productive at a lower cost. Most cases over the last few years have focused on the performance management process, and its ability to withstand legal scrutiny. Organization’s performance management systems are viewed as a test by the court system, and as they are used to make staffing decisions, merit decisions, and separation decisions, the systems themselves must be designed to minimize the chances of discrimination. In the present paper, the elements of the performance management system are examined as a foundation to help recognize the aspects of the process that are subject to litigations, and to help reduce problems that could result in legal disputes. In the Manager’s Guide to HR (Muller, 2009), the legal issues involved in the performance management process can be minimized by the proper planning, design, understanding, and actions involved in a well-designed process. “Proper preparation and structuring of a performance evaluation can transform it from a confrontation into a worthwhile collaboration between you, the employer, and the employee.” (Muller, 2009) The starting point of a legally sound performance...
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